Bermuda Immigration And Protection Amendment Act 1993

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1993/Acts/Bermuda%20Immigration%20And%20Protection%20Amendment%20Act%201993.pdf

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Bermuda Immigration And Protection Amendment Act 1993
The Laws of Bermuda
Annual Volume of Public Acts 1993 : 51

1

BERMUDA
1993 : 51

BERMUDA IMMIGRATION AND PROTECTION AMENDMENT
ACT 1993

[Date of Assent 23 July 1993]

[Operative Date 23 July 1993]

WHEREAS it is expedient to amend the Bermuda Immigration
and Protection Act 1956:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Short title
1 This Act may be cited as the Bermuda Immigration and
Protection Amendment Act 1993.

Amends s 16(1) of Act No 30 of 1956
2 Section 16(1) of the Bermuda Immigration and Protection Act
1956 ("the Act") is amended—

(a) by inserting next after "section 18" in paragraph (b) the
words "or 18A";

(b) by deleting "19 or 20" from paragraph (d) and
substituting "19, 19A, 20 or 20A".

Amends s 18 of Act
3 Section 18 of the Act is amended—

BERMUDA IMMIGRATION AND PROTECTION AMENDMENT
ACT 1993

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(a) by inserting in subsection (1) next after the word "if" the
words "he is a Commonwealth citizen at the time of his
birth and";

(b) by deleting paragraph (a) from subsection (2) and
substituting the following paragraph—

"(a) he must be a Commonwealth citizen at the time
of his birth; and"; and

(c) by adding next after subsection (5) the following
subsection—

" (6) Where—

(a) a person relies upon his mother's
domicile at a particular time for the
purpose of deducing any rights of his
under this section or section 18A at that
time; and

(b) she was married at that time and the
domicile of her spouse was other than
Bermudian at that time,

her domicile at that time, instead of being the same as
that of her spouse by virtue only of the marriage, shall
be ascertained by reference to the same factors as in the
case of any other individual capable of having an
independent domicile.".

Adds section 18A to Act
4 The following new section is inserted in the Act next after section
18—

"Bermudian status by virtue of birth in certain other cases
18A (1) Without prejudice to section 18, a person shall also
possess Bermudian status if, being a Commonwealth citizen at
the time of his birth—

(a) he is born in Bermuda on or after the
commencement of the Bermuda Immigration
and Protection Amendment Act 1993 and one of
his parents possesses Bermudian status at the
time of his birth; or

(b) he is born outside Bermuda on or after the
commencement of that Act, and one of his
parents is domiciled in Bermuda at the time of

The Laws of Bermuda
Annual Volume of Public Acts 1993 : 51

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his birth and that parent also possesses
Bermudian status at that time; or

(c) he was born in Bermuda after 30 June 1956
and before the commencement of that Act and
one of his parents possessed Bermudian status
at the time of his birth; or

(d) he was born outside Bermuda after 30 June
1956 and before the commencement of that Act,
and one of his parents was domiciled in
Bermuda at the time of his birth and that parent
possessed Bermudian status at that time.

(2) A person to whom paragraph (a) or (b) of subsection
(1) of this section applies attains Bermudian status at the time of
his birth.

(3) A person to whom paragraph (c) or (d) of subsection
(1) of this section applies shall be deemed to have attained
Bermudian status at the time of his birth.".

Amends section 21 of Act
5 Section 21 of the Act is amended by deleting the expression "17
or 18" wherever it appears and substituting the expression "17, 18 or
18A" in every case.

Confirmation of certain acts done before commencement of this Act
6 (1) Notwithstanding the retroactive effect of anything in this
Act, nothing in this Act renders invalid or unlawful any thing that was
done before commencement day by, or to, or in relation to, a person
whose personal status has been retroactively altered by this Act; and
that thing remains valid and lawful on and after that day if—

(a) it was valid and lawful when it was done; and

(b) it remained valid and lawful until immediately before
commencement day.

(2) "Commencement day" in subsection (1) means the day on
which this Act comes into operation.

(3) The reference in subsection (1) to the doing of a thing
includes a reference to the making of an omission.

BERMUDA IMMIGRATION AND PROTECTION AMENDMENT
ACT 1993

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